UNION OF INDIA Vs. CHAND SINGH AND ANOTHER

JUDGEMENT

(1.) Assailing the judgment dated 20.11.1998 passed by Railway Claims Tribunal, Chandigarh Bench, Chandigarh, (for short, "the Tribunal") awarding compensation to the tune of Rs.2,00,000.00 to the respondents-claimants in claim Case No.OA-II/68/97 filed under the provisions of the Railways Act, 1989 (for short, "the Act"), the appellant-Union of India, through General Manager, Northern Railway, Baroda House, New Delhi preferred this appeal.

(2.) Precisely, the facts are that Vijay Singh, son of the claimants-respondents, aged 19 years was serving as a security guard at Delhi and was commuting daily from Asaudah to Mangolpuri on a valid second class monthly railway pass. On 02.09.1997, he was returning home from Delhi after performing duties by IDR passenger train. When the train reached at the outer signal of Asaudah, the driver of the train suddenly applied brakes which caused jerk and all the passengers including Vijay Singh, who was standing near the seat close to the door of the coach due to heavy rush, lost balance and fell on each other. In that process, Vijay Singh fell out of the train and died at the spot.

(3.) The claimants-respondents, being parents of deceased Vijay Singh, filed an application claiming compensation to the tune of Rs.4,00,000.00 on account of death of their son in the railway accident. The application was contested by the appellant-railways. In the written statement filed by them, they denied that the incident in question comes within the ambit of Sec. 123(c) of the Railways Act, 1989 (for short, "the Act") or that the application for claim was maintainable. They also denied that the deceased was a bonafide passenger. As an alternate plea, it was submitted that the deceased himself was responsible for the mishap which took place due to his own criminal act.